Legal Question in Family Law in Colorado
Child Abandonment
How long does a child have to have no contact with a non-custodial parent to be considered abandoned by said parent? The no contact is on the non-custodial parent's part, not the custodial's. Also, if the child is considered abandoned, can the custodial parent seek sole custody?
1 Answer from Attorneys
Re: Child Abandonment
Generally, if a parent hasn't had contact with the child for over a year, or paid child support in over a year, then that parent's rights can be terminated. However, if a parent's rights are terminated, so too is the obligation to pay child support.
If your situation doesn't fall into either of those categories, you can request a modification of your parenting time based on the fact that the other parent isn't exercising their rights as to parenting time.
If you intend on pursuing this further, I would encourage you to contact an attorney of your choice to review all options available to you.
Hope this helps, and best of luck to you!
Sincerely,
Christine C. Nierenz, Esq.